Justice Department sues Uber for overcharging people with disabilities

The Justice Department on Wednesday filed a lawsuit against Uber for unfairly charging “wait time” fees to disabled passengers, who typically need more time to enter a car than other passengers.

Uber currently charges wait time fees that start two minutes after the Uber car arrives at the pickup location and end only when the car begins its trip.

The Justice Department alleges in the lawsuit, filed in the U.S. District Court for the Northern District of California, that Uber is violating the Americans with Disabilities Act by failing to reasonably modify its wait time fee policy for passengers who, because of disability, need more than two minutes to get in an Uber car.

“Uber’s wait time fees take a significant toll on people with disabilities,” said acting U.S. Attorney Stephanie Hinds for the Northern District of California. “Passengers with disabilities who need additional boarding time are entitled to access ridesharing services without discrimination. This lawsuit seeks to assist people with disabilities to live their lives with independence and dignity, as the ADA guarantees.”

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In April 2016, Uber began charging passengers wait time fees in a number of cities, eventually expanding the policy nationwide for every ride taken.

The ADA prohibits discrimination by private transportation companies such as Uber, and passengers with disabilities often need additional time to enter a car for various reasons, such as wheelchair access for those with injured legs or time to safely walk to the car for blind passengers.

The department’s lawsuit alleges that even when Uber is aware that a passenger’s need for additional time is disability-related, Uber nevertheless starts charging a wait time fee at the two-minute mark.

The lawsuit seeks relief from the court to order Uber to stop discriminating against disabled individuals and wants Uber to modify its wait time fee policy to comply with the ADA.

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It also wants the court to force Uber to train its staff and drivers on the ADA rules, pay money damages to the people subjected to the illegal wait time fees, and pay a civil penalty to aid in the societal goal of eliminating disability discrimination.

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